- 9 - state that the estate tax “shall not be charged against nor deducted from any such gift, bequest, devise, * * * or other property or interest in property, upon or by reason of which such taxes are assessed and paid”. In the first instance, we might agree that this language represents an attempt on the part of decedent to apportion the estate taxes arising at her death. Arguably, this language might be read to reflect an intent on the part of decedent that the principles of equitable apportionment shall not apply. Nevertheless, the language in decedent’s will is not altogether clear as to who ultimately should bear the estate tax burden. Respondent argues that the “plain, unambiguous” meaning of the language in decedent’s will is that estate taxes are to be allocated entirely against the charitable bequest to the Lubin- Green Foundation. If this language has a “plain and unambiguous” meaning, it eludes us, as it evidently eluded respondent inasmuch as he previously interpreted the will language to provide for a 50-50 allocation against the residuary bequests. The language in decedent's will does not purport to express who ultimately should bear the estate tax burden; rather, it provides that certain transfers or property shall not be charged with the estate taxes. This language does not expressly or implicitly charge the estate taxes to the property passing to the Lubin-Green Foundation.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011